HomeMy WebLinkAboutMINUTES - 05231995 - 1.51 pTO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
DATE: May 23 , 1995
SUBJECT: Contract for County Counsel Services, Contra Costa County
Superintendent of Schools and Board of Education
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve contract for the provision of attorney services by County
Counsel to the Contra Costa County Superintendent of Schools and
Board of Education for one year and authorize Chair of the Board of
Supervisors to execute contract .
FISCAL IMPACT
For one year legal services to be provided, County Counsel will
receive compensatory per hour revenue payments .
REASONS FOR RECOMMENDATIONS
Said contract will enable County Counsel to continue to provide
legal services at reasonable rates to the Contra Costa County
Superintendent of Schools and Board of Education and to receive
compensation therefore .
BACKGROUND
The Contra Costa County Superintendent of Schools and Board of
Education have approved and executed said contract . County Counsel
has provided legal services to these parties in past years .
CONTINUED ON ATTACHMENT: YES SIGNATURE��R—
RECOMMENDATION
OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON May 23, 1995 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: ATTESTED 3
cc: PHIL BATC ELOR, CLERK OF
Co%"'r1�V C"T%%4 THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY DEPUTY
J-1o1:a:\board.vjw
4 �
Contract for Employment: Legal Service
Fiscal Year 1995-96, County Schools
1. PARTIES. This Agreement is entered into by and between the COUNTYOF CONTRA COSTA,
a general law county (hereinafter referred to as "COUNTY") and the CONTRA COSTA
COUNTY SUPERINTENDENT OF SCHOOLS and CONTRA COSTA BOARD OF EDUCATION
(hereinafter both referred to as "COUNTY SCHOOLS").
2. TERM. The term of this Agreement shall be from July 1, 1995, through June 30, 1996,
unless renewed before then or terminated pursuant to Section 7.
3. COUNTY'S OBLIGATION.
A. In consideration of County Schools' promise to pay the amounts stated herein,
County, through its County Counsel, shall provide oral and written legal advice to
County Schools and represent County Schools in all administrative proceedings
and litigation except:
1) Suits involving personal injury and property damage.
2) Matters involving labor negotiations.
B. Matters pertaining to unfair practice charges arising under the Educational
Employment Relations Act (Gov. Code §§ 3540 et seq.) may be handled, but
County Schools will first consult with and obtain County Counsel's concurrence
for representation and handling of any such matters as they may arise.
C. County Counsel shall be truthful with County Schools, cooperate with it, keep it
informed of developments, perform the obligations required by this Agreement, and
immediately notify County Schools of any discovered actual or apparent conflicts
for representation decisions.
4. COUNTY SCHOOLS' OBLIGATION.
i y
A. Compensation. In consideration of the County's provision of these legal services
during the term of this Agreement, the District shall pay the County as follows:
1) For Legal Services:
a. Deputy Mary Ann Mason $72/hr
b. Deputy Kevin T. Kerr $82/hr
c. Deputy David F. Schmidt $82/hr
d. Legal Services Clerk $32/hr
e. Any other Deputy County Counsels utilized at the same hourly
rate charged county departments, but in no event to exceed
$82/hr.
2) For reasonable costs, as follows:
a. Automobile mileage at $.29 per mile.
b. Reporter's fees, witness fees, any extraordinary postage and
long distance telephone charges, and all filing fees and court
expenses as incurred to perform the services described in
Section 3.
B. Obligations. In connection with any legal work assigned to County Counsel,
County Schools shall take reasonable steps to respond to County Counsel's
inquiries thereon and pay the County's bills as provided in Section 5.
5. BILLING AND PAYMENT. The County shall submit itemized billings to the County
Schools at least quarterly. County Schools shall pay the billings within 45 days of
receipt.
6. EMPLOYEE STATUS. In performing legal services for the County Schools, the County
Counsel and his staff shall be regarded as employees of County Schools for the
purposes of the Tort Claims Act (Gov. Code § 810 et seq.; specifically, § 820 et seq.
and § 825 et seq.).
2
1 .
7. TERMINATION. This agreement may be terminated at any time by either party, at its sole
discretion, upon 30 days' advance written notice to County Schools by the County or
upon 5 days' advance written notice to the County by County Schools.
8. ONGOING LITIGATION. If this Agreement is not renewed or otherwise terminated during
its term and County counsel is representing County Schools in ongoing litigation,
County Counsel shall cooperate with the attorneys chosen by County Schools to
enable them to assume control of such litigation on behalf of County Schools.
Dated: .- , 1995
COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY
SUPERINTENDENT OF SCHOOLS
By,d
Ch rman, County goard of Ronald L. Stewart
Supervisors Superintendent
ATTEST: PHIL BATCHELOR CONTRA COSTA COUNTY BOARD
OF EDUCATION
By By \, .._� ,
�� Is 4�
Deputy U President, Contra Costa
Board of Education
APPROVED AS TO FORM:
l
VICTOR J. WESTMAN
County Counsel
3